Appeal a decision by the immigration and asylum tribunal

2. How to appeal

You must be able to make a case for why the decision was legally wrong. For example, if the tribunal:

  • didn’t apply the correct law or wrongly interpreted the law
  • didn’t follow the correct procedures
  • had no evidence or not enough evidence to support its decision

Ask for permission to appeal

You must ask the First-tier Tribunal (Immigration and Asylum Chamber) for permission to appeal to the Upper Tribunal.

You’ll be given the form to ask permission from the First-tier Tribunal (Immigration and Asylum Chamber) when you get your decision. Send it with a copy of the decision to the address on the form.

Deadlines for asking the First-tier Tribunal for permission to appeal

You must ask for permission to appeal within a certain period of time of getting your decision.

Your situation When you must appeal by
You’re inside the UK 14 days after the date on the written reasons for the decisions
You’re outside the UK 28 days after the date on the written reasons for the decisions

Fees

There is no fee to appeal to the tribunal.

If you’re refused permission to appeal

You can apply to the Upper Tribunal for permission to appeal if the First-tier Tribunal refuses, or only gives your permission to appeal on limited grounds.

Download and fill in the Upper Tribunal permission request form and send it with the appropriate documents to the address on the form.

You must also say whether you want a hearing or not.

If you’re detained or a fast-track case you’ll need to send your application to your detention centre.

Deadlines for asking the Upper Tribunal for permission to appeal

How long you have depends on your situation and how you received your refusal letter from the First-tier Tribunal.

Your situation When you must appeal by
You’re inside the UK 14 days after the date on the decision
You’re outside the UK 1 month after the date on the decision

Documents you must send with your application

Include copies of the following documents with your form:

  • the decision by the First-tier Tribunal
  • the ‘notice of refusal of permission to appeal’ by the First-tier Tribunal or the ‘refusal to admit the application for permission’
  • a statement clearly setting out your reasons for why you think the First-tier Tribunal made a mistake
  • any other relevant documents that you sent to the First-tier Tribunal

You also need to include any written evidence that shows why you think the First-tier Tribunal made a legal mistake.

If your application is late, you must explain in writing why it is late. The tribunal will then decide if it can review your application.

Ask for a hearing

You can ask on your application for a decision to be made either:

  • just on the information in your application
  • at a hearing that you or your representative can go to

The tribunal can decide to have a hearing even if you don’t ask for one. You’ll be told if this is the case and invited to attend if you’re in the UK.

If they don’t hold a hearing, a judge will decide your case based on your application.

Withdrawing your appeal

Only you or your representative can withdraw your appeal. Contact the tribunal in writing if you want to withdraw your appeal - include your appeal number. The tribunal will decide whether to give you permission to withdraw, or if the hearing will go ahead.

If your hearing is less than 7 days away, contact the hearing centre where your appeal is scheduled.